Dharmendra Kumar @ Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52770 of 2024 Arising Out of PS. Case No.-92 Year-2022 Thana- DAWATH District- Rohtas ====================================================== Dharmendra Kumar @ Dharmendra Paswan Son of Gaya Paswan VillageBaikunthpur , P.S.- Sikraul , Dist- Buxar ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Dawath P.S Case No. 92/2022 dated 03.05.2022 registered for the offence punishable u/s 394 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, when the informant reached Bithawa more Maliyabagh at Lohawa pul, in the meantime, two motorcycles which were coming from behind hit the motorcycle of the informant due to which the informant fell down. Thereafter, one miscreant sitting on a pulsar motorcycle started abusing him and he also fired from his pistol which hit

Patna High Court CR. MISC. No.52770 of 2024(4) dt.05-02-2025 2/3 the informant's stomach. Thereafter, he took away the motorcycle of the informant and they fled away towards Maliyabagh side.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the course of investigation. The petitioner has been remanded in this case from Sikraul P.S. Case No. 02/2024. The petitioner has one antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 03.04.2024

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bikramganj, Rohtas in connection with Dawath P.S Case No. 92/2022, with the condition:- (i). The petitioner is directed to remain physically

Patna High Court CR. MISC. No.52770 of 2024(4) dt.05-02-2025 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T